Pastor Arturo Fernandez was arrested in June while evangelizing to concert-goers outside a public events arena.
But he no longer faces charges after Advocates for Faith & Freedom argued that law enforcement made an “unfortunate and serious mistake” that resulted in the violation of the pastor’s First Amendment rights.
Attorney Julianne Fleischer called the dismissal “a victory for free speech and religious expression.”
The incident began when two security guards at the Ontario-based Toyota Arena in San Bernadino County approached the street preacher.
Fernandez had reportedly positioned himself on the sidewalk at the top of a flight of stairs, standing about 20 feet from concert-goers as they entered the arena.
The law firm argued that Fernandez had preached at the arena for years without incident, but on this occasion the two arena security guards approached Fernandez with a written warning.
One of the guards told Fernandez that he was on private property, but the preacher insisted he was standing on public property and that the guard should call the police to confirm. An officer who arrived on the scene told the street preacher that Toyota Arena is a “property run by a private company,” meaning that the company has the right to decide who it wants and doesn’t want on the property.
Fernandez was then arrested for trespassing even though he was right. The City of Ontario owns the property, making it public space.